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A Failure to Consult: The Fair Work Commission...

Making logical changes to workplace processes should be simple and straight forward. However, a recent decision of the Fair Work Commission (FWC) confirms that employers still need to make sure they follow the additional step of proper employee consultation, or risk a poor outcome in the Commission. This means managers need to ensure employees' feedback has not only been sought, but also be able to demonstrate how employee feedback has influenced the process and been accounted for in the final outcome(s).  

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Firm News

Hicksons recognised in Doyle’s Guide 2024

We are delighted to be recognised as a leading law firm in the 2024 Doyle’s Guide across the following categories:

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Firm News

Special Counsel Kezia David Named Among...

Special Counsel Kezia David recognised among Australasian Lawyer’s Elite Women 2024 for excellence in insurance law.

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Commission muddies the water on whether working from home is a benefit for employees

Commission muddies the water on whether working from home is a benefit for employees

Since the outbreak of COVID-19 in Australia in March 2020, there has been significant shifts towards working from home across multiple industries. The NSW Personal Injury Commission has now considered in what circumstances being refused the opportunity to work from home may amount to the withdrawal of an employment benefit or transfer, namely for the purpose of a section 11A defence to a psychological injury condition.

  • 6 Dec 2021

Blog
Remote Witnessing is now a permanent feature of the NSW legal landscape

Remote Witnessing is now a permanent feature of the NSW legal landscape

At the beginning of the COVID-19 pandemic in March 2020, legal practitioners and their clients faced particular challenges with regard to the signing and witnessing of certain legal documents. The stay-at-home orders and self-isolation rules raised an urgent question:
Blog
COVID-19 guidance for employers from the safety regulators

COVID-19 guidance for employers from the safety regulators

While most businesses are returning to more normal operations following rolling lockdowns, it’s not all smooth sailing for employers and managers. Many business and employment decisions on how to best respond to and plan for COVID-19 related impacts are being made with little guidance from Governments or legal precedents.
Blog
COVID-19 and Vaccinations – The balance employers need to strike

COVID-19 and Vaccinations – The balance employers need to strike

Australia’s employment laws and regulations can be complex when applied to real world situations. Complexity, change and adaptability are challenges that all business and their employees are having to negotiate across 2021 and into 2022. As COVID adapts into increasingly threatening strains, organisations are forced to respond with new policies and approaches to reflect our changing circumstances. Some, but not all, of those changes are either mandated or guided by Government directions, laws and responses. Additionally, not all government directions cover all situations or industries.
Blog
‘Long-COVID’ - Dealing with COVID-19 workplace injuries and consequential conditions

‘Long-COVID’ - Dealing with COVID-19 workplace injuries and consequential conditions

The current two-week lockdown in NSW is a timely reminder that COVID-19 and the risk of COVID-19 infections in the course of employment remain real, particularly for those essential workers who are unable to work from home.

  • 2 Jul 2021

Blog
ASIC extends relief on virtual meetings

ASIC extends relief on virtual meetings

The recent lockdown in Brisbane is a timely reminder that a return to ‘business as usual’ is still uncertain.  This article explores the Australian Securities and Investments Commission (ASIC)’s ‘no action’ position, which is intended to facilitate businesses to hold their meetings effectively despite restrictions on gatherings and travel.
Blog
A Backward Stride for COVID-19 bankruptcy measures

A Backward Stride for COVID-19 bankruptcy measures

As the extension of the temporary relief and protection provided by the Corporations and Bankruptcy Legislation Amendment (Extending Temporary Relief for Financially Distressed Businesses and Individuals) Regulations 2020 during the outbreak of COVID-19 came to an end on 31 December 2020, as of 1 January 2021:

  • 8 Apr 2021

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